OAR 411-304-0170
Qualifications and Standards for Behavior Professionals

(1) A person who is hired, promoted, or enrolled to deliver professional behavior services must meet at least one of the following requirements:
(a) Possess a Board-Certified Behavior Analyst® (BCBA®) graduate-level certification in behavior analysis and one year of experience using positive behavior support services with individuals who experience intellectual or developmental disabilities.
(b) Possess a Master of Arts or Master of Science in psychology, sociology, human services, education, social work, or the equivalent as evidenced by providing transcripts indicating applicable coursework, and one year of experience using positive behavior support services with individuals who experience intellectual or developmental disabilities.
(c) Possess a Bachelor of Arts or Bachelor of Science in psychology, sociology, human services, education, social work, or the equivalent as evidenced by providing transcripts indicating applicable coursework, and three years of experience using positive behavior support services with individuals who experience intellectual or developmental disabilities.
(d) A minimum of six years of experience performing professional behavior services using positive behavior support services prior to January 1, 2021.
(2) A behavior professional must meet all of the following requirements:
(a) Be proficient in the English language.
(b) Maintain a current approved criminal background check specific to their role as a behavior professional as described in OAR 407-007-0200 (Purpose and Scope) through 407-007-0370 (Variances).
(c) Complete a minimum of 12 hours each enrollment period of ongoing education in the field of positive behavior support services, adaptive behaviors, behavior management, or a related topic.
(d) Maintain certification in an ODDS-approved behavior intervention curriculum.
(3) An independent provider of professional behavior services must submit all of the following information to the Department upon the renewal of their provider enrollment agreement or upon request:
(a) Redacted copies of an FBA, PBSP, or both, and the corresponding invoice.
(b) Proof of ongoing education.
(c) Current certification from an ODDS-approved behavior intervention curriculum.
(d) Current approved criminal background check specific to their role as a behavior professional as described in OAR 407-007-0200 (Purpose and Scope) through 407-007-0370 (Variances).
(4) An agency provider of professional behavior services must maintain all of the following information for each behavior professional within their agency and make available to the Department upon request:
(a) Redacted copies of an FBA, PBSP, or both, and the corresponding invoice.
(b) Proof of ongoing education.
(c) Current certification from an ODDS-approved behavior intervention curriculum.
(d) Current approved criminal background check specific to their role as a behavior professional as described in OAR 407-007-0200 (Purpose and Scope) through 407-007-0370 (Variances).
(5) Effective October 31, 2018, a behavior professional may not deliver professional behavior services to an individual in a dual capacity. A dual capacity relationship includes a situation where an individual is receiving professional behavior services from a behavior professional who concurrently, or within one year, has or had a different provider role for the same individual including, but not limited to, any of the following:
(a) Personal support worker.
(b) Therapist.
(c) Counselor.
(d) Case manager.
(e) Life coach.
(f) Employment and community inclusion service provider.
(g) Speech and language pathologist.
(h) Occupational therapist.
(i) Nurse.
(6) A behavior professional must adhere to the confidentiality standards as described in the following:
(a) The behavior professional’s provider enrollment agreement.
(b) Federal HIPAA standards for any written, verbal, digital, video, or electronic information.
(c) The Department’s rules for privacy and confidentiality in OAR chapter 407, division 014.
(7) A behavior professional must make reports of suspected abuse consistent with the following:
(a) ORS 419B.010 (Duty of officials to report child abuse) and 419B.015 (Report form and content) for abuse of a child.
(b) ORS 124.060 (Duty of officials to report) and 124.065 (Method of reporting) for abuse of an older adult 65 years of age or older.
(c) ORS 430.737 (Mandatory reports and investigations) and 430.743 (Abuse report) for abuse of an adult with an
intellectual or developmental disability or mental illness.
(d) ORS 441.640 (Report of suspected abuse of resident required) and 441.645 (Oral report to area agency on aging, department or law enforcement agency) for abuse of a resident.
(8) A behavior professional must inform an individual’s case management entity --
(a) Immediately upon any reasonable suspicion that an individual is the victim of abuse.
(b) Within five business days upon identifying a challenging behavior that may be the result of an individual experiencing a medical issue, medication interaction, or mental health issue.
(c) Within 24-hours of any injury or unusual incident involving an individual.
(9) Failure to adhere to the requirements of these rules may result in restrictions to, or termination of, a behavior professional’s Medicaid provider number, certificate, or endorsement.

Source: Rule 411-304-0170 — Qualifications and Standards for Behavior Professionals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-304-0170.

Last Updated

Jun. 8, 2021

Rule 411-304-0170’s source at or​.us